State v. Molasky

WELLIVER, Judge.

Appellant, Mark Molasky, was convicted of second degree attempted murder, § 564.011 and § 565.004, RSMo 1978 1 , and tampering with physical evidence, § 575.100, RSMo 1978. He was sentenced to 15 years for attempted murder and one year for tampering with physical evidence.

Appellant appealed to the Southern District Court of Appeals alleging the unconstitutionality of § 564.011, RSMo 1978. The Southern District Court of Appeals transferred prior to opinion, Mo. Const. art. V, § 11, as we have exclusive appellate jurisdiction in all cases involving the validity of a state…